Baringo/ Rift Valley Social Justice centres WG

Baringo/ Rift Valley Social Justice centres WG One stop place to Seek Justice

30/03/2026

The Court of Appeal has reaffirmed an old principle, but with a new and uncomfortable edge. In Civil Appeal Nos. E682, E686 & E705 of 2024 (consolidated), the Court did not merely repeat that “fraud vitiates title”. It went further and clarified where the risk truly lies when the Lands Registry itself creates parallel titles. The dispute arose from prime land in Runda where multiple titles were issued at different times to different parties, all appearing valid on their face. Purchasers argued they conducted searches, paid full consideration, and relied on official records. The Court accepted those facts and still said: that is not enough. Where two titles exist, the court will not balance equities. It will trace history, chronology, and legality, then decisively protect only the title with a lawful root.

What is new and striking is the Court’s firm rejection of registry failure as a defence. The judges were explicit that administrative chaos, missing files, duplicate registers, or fraudulent entries at Ardhi House do not shift the burden to the original owner. Even an “innocent purchaser for value without notice” does not acquire immunity where the root title was unlawful. Article 40(6) of the Constitution was applied with teeth, not sympathy. The Court effectively said that courts will no longer launder defective titles through good faith purchases. If the first registration was corrupted, every subsequent transaction collapses, regardless of how convincing the paperwork looks.

For Kenyan land buyers, this is not business as usual. The practical shift is this: risk has moved decisively away from original proprietors and squarely onto buyers, banks, and professionals involved in conveyancing. A search, a title deed, and registry confirmation are no longer treated as conclusive comfort. Buyers must interrogate history, litigation, prior ownership, and registry conduct, especially in high-value areas. If the title falls, courts will not save it simply because money changed hands. Compensation may be pursued elsewhere, but ownership will not be protected. The message from the Court of Appeal is blunt and new in its intensity: land buying in Kenya is no longer a paperwork exercise, it is a risk assessment, and the buyer bears it.

22/03/2026

LEGAL UPDATES : Kenya's High Court declares that registered mobile phone number constitutes a digital identifier linking personal data that relates to an individual’s private affairs hence qualifies for protection under Article 31 (c) & (d) of the Constitution to safeguard the right not have information relating to private affairs
unnecessarily required or disclosed.

This declaration by the High Court follows a petition challenging the reassignment &/or recycling of the deactivated but previously registered mobile telephone numbers owing to extended period of inactivity or non-use.

The High Court has now given the Office of the Attorney General 6 months to take all necessary and appropriate measures to safeguard digital identity associated with the registered mobile telephone number against unfettered deactivation, and subsequent arbitrary reassignment or recycling.

The High Court rules that reassignment of cell phone numbers should happen only when/if:

1. There is the previous registered owner’s informed & verifiable consent
2. After expiry of reasonable period following issuance of public notice which must be preceded by through documented verification process aimed at confirming the original registered owner cannot be located or has unequivocally revoked the rights to the number
3. Technical safeguards be put in place and implemented to prevent unauthorized exposure or transfer of personal data linked to previous registered owner to 3rd Parties upon reassignment or recycling of the number.

18/03/2026

THE KALENJIN UNWRITTEN CONSITUTION AND BELIEFS .
A supermarket in Kapenguria was struck by a runaway lorry last night walls torn open, goods scattered, everything left exposed.

But what followed revealed something deeper than the accident itself.

Not a single item was stolen.

Kalenjin Nation in Kenya don't rob victims of accidents as it happens among other communities after accidents

Why?

Because they understand values and strict traditions that many other tribes have forgotten.

Among the Pokot and Kalenjins in general , Kikirei (Thou Shall Not) is not a suggestion , it is law.
And behind it stands Ngooki (Curse) the unseen consequence, the spiritual weight that follows wrongdoing.

To take what is touched by tragedy, especially from a fatal accident, is not just theft it is a taboo. A stain that does not end with you. It follows your path, your home, even your generations.

This is not fear without meaning. It is discipline rooted in understanding that life is interconnected, that actions echo beyond the moment.

So when others see “an opportunity,”
our people see a boundary. And they do not cross it.

This is Etan(Forbidden) This is Kikirei. This is Kipgaa (Tradition) alive.

A people anchored in their culture do not need surveillance to do right they are guided from within.

11/03/2026

A woman from Elgeiyo Market county who's 14 year old daughter was defiled and impregnated by an adult was arrested yesterday on framed up charges of starting a forest fire while burning shrubs in April 2025 .

Why did the chief and the police wait for one year until now in March 2026 and after she complained why a case against her defiled daughter was withdrawn in court despite sufficient evidence ,?

The lady is now languishing in Eldoret women prison for failing to raise a ksh 50,000 cash bail .

The only mistake she did was refusing to reach an out of court settlement with the father of the defiler who's a relative of the area chief and a CEC member in Elgeiyo County government .

The case had been withdrawn by the court officials in cahoots with the family of the defiler .

I was following up the case and had called one of the police officers who arrested the culprit and they told me that the case had been interfered by Court officials and the family of the defiler in Iten Law courts .

The officer was furious that they have been told to rearest the defiler who's on the run .

The courts had ordered the DNA results and it turned positive and the father of the defiler sent elders to plead with the mother of the victim to withdraw the case but when she refused , he verbally abused her that atamwona yeye and that how she was framed with allegations of starting forest fire in April 2025 and with others , she was arrested kwa kusumbua SERIKALI kotini,.

I urge the Defenders Coalition , Cedgg Cedgg , and Kenya National Commission on Human Rights to intervene for Margaret Muyiengwo to be released and her defiled girl gets justice.

10/03/2026

Celebrating my 5th year on Facebook. Thank you for your continuing support. I could never have made it without you. 🙏🤗🎉

10/03/2026

The Court of Appeal of Kenya has delivered an important reminder to land buyers: a land sale agreement can die if the buyer fails to complete payment on time.

In Macho & Another v Athuman & 2 Others (2025), buyers paid a deposit of KES 572,000 for land in Mtwapa but failed to clear the balance within the 90 days required after consent from the Land Control Board. Years later, after the land had been sold and developed, they went to court seeking transfer and damages.

The appellate court reversed the earlier award, holding that once the 90-day completion period lapses, the agreement automatically collapses. A buyer who is in breach cannot demand specific performance, and courts will not interfere with land already sold to innocent third parties.

Lesson: Paying a deposit doesn’t keep a land deal alive forever. Once LCB consent is issued, the clock starts ticking. If you need more time, put the extension in writing—before the deadline passes.

10/03/2026

Many land disputes in Kenya don’t start with strangers. They start at home. With family.

A recent case, Kigathi & 3 others v Kigathi (ELC E004 of 2024) [2025] KEELC 18393 (KLR), reads almost like a story many families know too well.

A son built his house on his father’s land. Not secretly. Not forcefully. With the quiet understanding that this was family land. This was home.

Years passed.
Children were born.
Trees were planted.
Life happened.

No one complained.

Then the father passed away.

Like many families do, they went to court to complete succession. The land was subdivided so that each heir could have their share. Surveyors came. Maps were drawn. Title deeds were issued.

And that’s when the problem appeared.

Part of the son’s house had quietly crossed into land that was now legally registered in his sibling’s name.

What had been normal for decades suddenly became a problem. A few feet here. A few feet there. The siblings asked him to adjust the house slightly. He refused. Emotions rose. Family meetings failed. Eventually, the matter left the living room and entered the courtroom.

The court looked at the situation carefully but remained clear about one thing.

Once succession is completed and title deeds are issued, the law follows the title. It does not look at how long you have lived there, who allowed you to build, or how many years the house has stood. Ownership belongs to the person whose name is on the title.

Even a small encroachment becomes trespass.

But the court also recognized that this house had existed long before the subdivision. So instead of ordering an immediate eviction, the owner was given time to relocate.

Not punishment.
But the outcome was still inevitable.

He had to move.

The lesson from this story is simple, but many families ignore it until it’s too late:

Succession changes everything.

If you live on inherited land, confirm where the boundaries will fall before titles are issued. Because once the titles come out, family history and good intentions will not defeat registration.

And that’s how many peaceful family compounds quietly turn into court cases.

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